Agenda 04/22/2025 Item #16K 7 (Approve Stipulated Order of Taking and Final Judgment totaling $121,379 for Parcel 1359FEE1 needed for the Vanderbilt Beach Road Extension Project No. 60249.)4/22/2025
Item # 16.K.7
ID# 2025-1379
Executive Summary
Recommendation to approve a Stipulated Order of Taking and Final Judgment in the amount of $103,000 plus $18,379
in statutory attorney and experts’ fees and costs for the taking of Parcel 1359FEE1 required for the Vanderbilt Beach
Road Extension Project No. 60249.
OBJECTIVE: To settle full compensation for the taking of Parcel 1359FEE1 required for the construction of the
Vanderbilt Beach Road Extension Project No. 60249.
CONSIDERATIONS: On July 9, 2024, the Board authorized, via Resolution No. 2024-135, the condemnation of
Parcel 1359FEE1 for the construction of roadway, drainage and utility improvements required for the expansion and
extension of Vanderbilt Beach Road from 16th Street NE to Everglades Blvd. The fee simple acquisition area consists
of a strip taking along the rear, southern boundary of the property and is approximately 0.38 acres in extent. The parent
tract is vacant land owned by Delbi and Anny Javier and contains 2.50 acres of gross land area, which will be reduced to
2.12 acres after the acquisition. An aerial photograph of the subject property is attached. The County’s appraiser
estimated full compensation at $72,700 including severance damages. The property owner’s initial demand was
$164,900 plus attorney’s fees and expert fees and costs. The parties participated in informal negotiations and reached an
agreement. The attached Stipulated Order of Taking and Final Judgement reflects a negotiated compensation amount of
$103,000 plus $9,999 in statutory attorney’s fees, $8,380 in expert fees and costs, for a total of $121,379.
Staff recommends approval of this Stipulated Final Judgment since a better result is not anticipated at trial. Upon
approval, the County Attorney’s Office will file the Joint Motion and Stipulated Final Judgment with the Circuit Court.
This item is consistent with the Collier County strategic plan objective to design and maintain an effective transportation
system to reduce traffic congestion and improve the mobility of our residents and visitors.
FISCAL IMPACT: Funds of $121,549 are required, being the compensation amount of $121,379 including statutory
attorney’s fees, expert fees and costs, and the Clerk’s $170.00 deposit fee. The primary funding source for the
acquisition of right of way is through Road Impact Fee District Funds (3090, 3091, 3092, 3093, 3094, 3095) in the
Vanderbilt Beach Road from 16th to Everglades Project (60249). Should impact fees not be sufficient, the secondary
funding source will be Road Construction Gas Tax Fund (3083) and Transportation Capital Fund (3081).
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. –
CMG
RECOMMENDATIONS: To approve the attached Joint Motion and Stipulated Final Judgment and authorize the
payment of funds as stated herein.
PREPARED BY: Robert Bosch, Manager, ROW Acquisition, Operations & Performance Management Division
ATTACHMENTS:
1. Signed P1359FEE1 - Joint Motion for STIP OT and FJ(4) - Final
2. Aerial - Parcel 1359FEE1
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[25-CA-222/1926824/1]
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
Collier County, Florida, a political Subdivision
of the State of Florida,
Plaintiff,
Case No. 25-CA-222
vs. Parcel: 1359FEE1
Chavers LLC; Aurelio Rendon Pascual; Margarita Rojas;
Fernando Hernandez, LLC; Unknown Tenant(s); QFC
Properties, LLC; Lux-Naples, LLC, a Florida limited
liability company (dissolved); Mortgage Electronic
Registration Systems, Inc; Luciano Zela; Juan A. Miranda Ortiz;
Loida Jeannot; Florida Pace Funding Agency; Delbi Javier;
Anny Javier; Rendon Real Estate LLC; and
Rob Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
JOINT MOTION FOR A STIPULATED ORDER OF TAKING AND FINAL
JUDGMENT AS TO PARCEL 1359FEE1
COMES NOW, Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents,
DELBI JAVIER AND ANNY JAVIER, by and through undersigned counsel, and hereby
respectfully move for entry of the Stipulated Order of Taking and Final Judgment, attached hereto
as Exhibit “1”.
_______________________________
COLLEEN M. GREENE, ESQ.
Florida Bar No. 502650
Collier County Attorney’s Office
3299 E. Tamiami Trail, Suite 800
Naples, FL 34112
Telephone: (239) 252-8400
COUNSEL FOR PETITIONER
Colleen.Greene@colliercountyfl.gov
Sheri.Malcolm@colliercountyfl.gov
________________________________
ANTHONY V. POLICASTRO, ESQ.
Florida Bar No. 937932
Policastro Law Group
1700 N McMullen Booth Rd Ste C5
Clearwater, FL 33759-2129
Office: 727-475-1988
Fax: 727-674-1771
tony@policastrolaw.com
eric@policastrolaw.com
yadi@policastrolaw.com
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[25-CA-222/1926824/1]
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Joint Motion for Stipulated
Order of Taking and Final Judgment was electronically filed with the Florida Courts E-Filing
Portal on this _____ day of ___________________ 2025.
BY: _______________________________
COLLEEN M. GREENE, ESQ.
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[25-CA-222/1926824/1]
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
Collier County, Florida, a political Subdivision
of the State of Florida,
Plaintiff,
Case No. 25-CA-222
vs. Parcel: 1359FEE1
Chavers LLC; Aurelio Rendon Pascual; Margarita Rojas;
Fernando Hernandez, LLC; Unknown Tenant(s); QFC
Properties, LLC; Lux-Naples, LLC, a Florida limited
liability company (dissolved); Mortgage Electronic
Registration Systems, Inc; Luciano Zela; Juan A. Miranda Ortiz;
Loida Jeannot; Florida Pace Funding Agency; Delbi Javier;
Anny Javier; Rendon Real Estate LLC; and
Rob Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
STIPULATED ORDER OF TAKING & FINAL JUDGMENT FOR PARCEL 1359FEE1
(with disbursement instructions to Clerk)
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, DELBI JAVIER AND ANNY JAVIER, by
and through counsel, for entry of a Stipulated Order of Taking and Final Judgment as to Parcel
1359FEE1 for Project No. 60249, and it appearing to the Court that proper notice was given to the
parties having any equity, lien, title or other interest in or to the real property described therein,
and the Court being otherwise fully advised in the premises thereof, it is therefore
ORDERED AND ADJUDGED that:
1. The Court has jurisdiction of this cause, the parties hereto and the subject matter
hereof.
2. The pleadings in this cause are sufficient and the Petitioner is properly exercising
its delegated authority.
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3. The property described herein as Parcel 1359FEE1 is being acquired for a public
purpose and is reasonably necessary to serve this public purpose.
4. The Declaration of Taking and Estimate of Value filed in this cause by the
Petitioner was made in good faith and based on a valid appraisal.
5. Respondents, DELBI JAVIER AND ANNY JAVIER shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of One Hundred Three Thousand Dollars and
No/100 ($103,000.00) for Parcel 1359FEE1, as full payment for the property interest taken and
for any damages resulting to the remainder, and for all other damages and costs in connection with
said parcel.
6. Respondents, DELBI JAVIER AND ANNY JAVIER shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of Nine Thousand Nine Hundred Ninety-Nine
Dollars and No/100 ($9,999.00) for all attorney’s fees and costs, and no other attorney’s fees or
costs shall be paid in connection with said parcel.
7. Respondents, DELBI JAVIER AND ANNY JAVIER shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of Eight Thousand Three Hundred Eighty
Dollars and No/100 ($8,380.00) for all expert fees and costs, and no other expert fees or costs
shall be paid in connection with said parcel.
8. The right and title to Parcel 1359FEE1, being fully described in Exhibit “A”
attached hereto and incorporated herein, will vest in Petitioner COLLIER COUNTY upon deposit
of the amounts specified above into the Registry of this Court.
9. Within twenty (20) days from the date of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall deposit into the Court Registry the total sum of One Hundred
Twenty-One Thousand Three Hundred Seventy-Nine Dollars and No/100 ($121,379.00), as
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[25-CA-222/1926824/1]
payment for acquisition of Parcel 1359FEE1, at which time title to said parcel as described in
Exhibit “A” is vested in the name of the Petitioner.
10. Upon deposit, the Clerk of Courts shall disburse from the Court Registry as follows:
a. The Clerk shall disburse the sum of Fifty-Two Dollars and 50/100 ($52.50) (based
on a $0.50 per day for 105 days for the period of Jan. 1, 2025, through April 15, 2025) to the Collier
County Tax Collector.
b. The Clerk shall disburse the remaining balance of One Hundred Twenty-One
Thousand Three Hundred Twenty-Six Dollars and 50/100 ($121,326.50), to Respondents,
DELBI JAVIER AND ANNY JAVIER, by issuing a check made payable to the Trust Account
of Policastro Law Group, LLC, and mailing it to Anthony Policastro, Esq., c/o Policastro Law
Group, 1700 N McMullen Booth Rd Ste C5, Clearwater, FL 33759-2129.
11. County's initial construction of the subject project shall substantially conform
with the County's 90% construction plans, filed with the Court on March 26, 2025. In the event
the initial project is not so constructed, Respondents reserve the right to claim additional
damages, if any, including attorney’s fees, in accordance with Central & Southern Florida Flood
Control District v. Wye River Farms, Inc., 297 So.2d 323 (Fla. 4th DCA 1974). The 90%
construction plans provide for two travel lanes; however, the right-of-way footprint is sufficient
to accommodate up to a six-lane road design. No additional compensation shall be due to
Respondents for the future widening of Vanderbilt Beach Road up to four-lanes or six-lanes,
including related roadway improvements to Vanderbilt Beach Road.
12. This Stipulated Order of Taking and Final Judgment disposes of all claims arising
out of the taking of Parcel 1359FEE1 and that have or could have been asserted in this cause.
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13. The Notice of Lis Pendens filed in the above-styled cause and recorded in Official
Record Book 6438, Page 2020 of the Public Records of Collier County, Florida is hereby released
as to Parcel 1359FEE1.
14. The Court reserves jurisdiction to enforce the terms of this Stipulated Order of
Taking and Final Judgment.
15. This Stipulated Order of Taking and Final Judgment is to be recorded in the Official
Records of Collier County, Florida.
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Exhibit “A”
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AERIAL – PARCEL 1359FEE1
(Vanderbilt Beach Road Extension Phase 2 Project No. 60249)
10th Ave NE
PARCEL 1359FEE1
/
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